JUDGMENT

Dr. ARIJIT PASAYAT, J

1. Grievance in the writ petition under Article 32 of the Constitution of India, 1950 (in short `the Constitution') is that there should be parity in the matter of service benefits so far as the army personnel and officers working in the General Reserve Engineering Force (in short `GREF'). Stand of the petitioner that he and other employees are serving in the Border Road Organisation and the Government of India is bound to treat equally with the members of the Armed Force and there should not be any distinction pertaining to extending the facilities and benefits in the service including allowance pay etc. Reference is made to a decision of this Court in R. Viswan and Ors. v. Union of India and Ors. (1983 (3) SCC 401) to contend that this Court had, in fact, directed such a course to be adopted.

It is pointed out under a misconception the 4th and the 5th Central Pay Commissions have not considered the connected issue in the proper perspective.

2. Mr. B. Dutta, learned Additional Solicitor General, on the contrary submitted that in R. Viswan's case (supra) there was no direction to